Table of Contents: I. Introduction. – II. Mapping judicial cooperation: the unchartered waters of follow-up judgments. – II.1. The criteria for assessing judicial cooperation in follow-up judgments. – II.2. Known categories of judicial cooperation and uncooperation. – II.3. Chartering new waters: Italy and Belgium. – III. Italian and Belgian judges...
Table of Contents: I. Introduction. – II. Evolving legal questions surrounding Art. 267 TFEU. – III. Stocktaking: the procedure under pressure? – IV. Contributing to the academic debate. – V. Overview of the Special Section. – V.1. Factors and motives to refer. – V.2. Quality of Court of Justice answers and dialogue. – V.3. Implementation of Court...
Abstract: This contribution to the Dialogue offers a first analysis of the recent initiative to establish a Conference on the Future of Europe – discussing whether it can become a new model to reform the EU, and if so, how it should be designed to succeed. The contribution examines the technicalities of the EU treaty amendment rules and...
Table of Contents: I. Introduction. – II. Study design and research method. – III. Dutch Caribbean case law and legislation concerning EU law. – IV. OCT judge opinions on preliminary reference. – V. Conclusion.
Abstract: Under EU law, parts of several Member States are characterised as Overseas...
Table of Contents: I. Introduction. – II. The case of Berlioz: towards transnational judicial review. – III. Transnational judicial review and the constitutional law of the Union. – III.1. The right to an effective judicial remedy. – III.2. Other principles of constitutional law of the Union. – IV. The case of Donnellan: one step...
Table of Contents: I. Divorcing sovereignty from the state. – II. The post-traditional conception of sovereignty. – III. A functionally sovereign European Union.
Abstract: Since the Peace of Westphalia sovereign political entities have unexceptionally been States and sovereignty has been thus long...
Table of Contents: I. Introduction. – II. Historical background. – III. The ruling of the Constitutional Court of Lithuania of 18 March 2014 and the judgment of the Grand Chamber of the European Court of Human Rights in the case of Vasiliauskas v. Lithuania – their impact on the case-law of the Lithuanian courts in the genocide cases – III....
Table of Contents: I. Introduction. – II. The “reforms” of the national council of judiciary and the Supreme Court. – III. The Court of Justice judgment. – IV. The EU-friendly face of the Supreme Court. – V. The restrained face of the Supreme Court. – VI. Conclusions.
Abstract: The present ...
Table of Contents: I. Divorcing sovereignty from the state. – II. The post-traditional conception of sovereignty. – III. A functionally sovereign European Union.
Abstract: Since the Peace of Westphalia sovereign political entities have unexceptionally been States and sovereignty has been thus long...
Table of Contents: I. Introduction. – II. The Compacts and the practical arrangements for the return of irregular migrants and their impact on the principle of institutional balance. – III. The Compacts with countries hosting refugees: the context of their adoption and their legal nature. – IV. The integration of refugees in the job market of the...
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